MPEP 818.02(d)
Election By Cancellation of Claims, Lacking Express Election Statement

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in Januay 2018

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818.02(d)    Election By Cancellation of Claims, Lacking Express Election Statement [R-07.2015]

If applicant’s reply to a requirement for restriction does not expressly state the invention elected, but cancels claims to all but one of the inventions, the remaining invention will be deemed to be the elected invention.